Way back in the original post, it was stated that the current employee policy manual does not prohibit concealed carry. However the hr manager appears to have taken it upon herself to create/amend policy to prohibit concealed carry. Given that the hr manager's position conflicts with written policy and would seem to conflict with accepted practice (c-levels routinely conceal carry), and since the op outranks the hr manager (which would necessitate involving the op's supervisor in order to reprimand/discipline) the hr manager lacks authority to invoke both notice under 30.06 as well as company policy regarding concealed firearms. At least that's what I get from the information presented.thetexan wrote:You have to separate 30.06 issues with company prohibition policies.TexasCajun wrote:Exactly!ScottDLS wrote:If the HR manager states a policy that is not a policy and that typically is set in the company by higher level, then I don't see how they have apparent authority to tell you. Hypothetical - I am a Director. I have the explicit permission to be on the property of my company. There is no written policy against carrying. The HR manager, or receptionist for that matter, comes to me and states that it is company policy that I can't carry. It's not, and he has no authority to make it so. Why does this constitute notice that I no longer have permission to remain on the property armed?C-dub wrote:The concept of rank in a civilian company, to me, is mostly irrelevant. I've been in a large company with all those different levels and stuff and a director in another department had no real authority over me.
As Beiruty mentioned, HR managers or directors are very powerful folks. The line from them to folks much higher up is considerably shorter even though they may not have a title higher than mine. IMHO, the OP has been given oral notice. It may not be correct, but I wouldn't be willing to take that chance. I would be willing to get it clarified by someone higher up that seems to be open to the idea.
Two things here. One...the hr person either does or does not act with the authority of the owner to give 30.06 notice and only if the owner wishes to avail himself of the 30.06 prohibition. This is a matter of fact, not speculation. HR either does or does not WITH REGARD TO 30.06! There is either a 30.06 prohibition or there is not.
Second, 30.06 does not have importance in this discussion if we are talking about a company employee policy prohibiting employees with guns. In that case the janitor has the ability to let you know what the policy is, if there indeed is a policy. If the HR person is making up policies you had better make sure she hasn't been given that authority before you risk getting fired for not following it. If there is a company policy and if they will fire you for not following it it behoves you to follow it no matter how you get the info, janitor, mailboy, or secretary. If you want to challenge an employee's claim that there is a policy you need to be sure your career can stand it.
If you know there is no policy and if HR says there is then there is a problem. Act with political wisdom and get the issue resolved.
Tex
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Return to “What really counts as notice”
- Wed Dec 09, 2015 10:31 pm
- Forum: General Texas CHL Discussion
- Topic: What really counts as notice
- Replies: 42
- Views: 5428
Re: What really counts as notice
- Wed Dec 09, 2015 3:28 pm
- Forum: General Texas CHL Discussion
- Topic: What really counts as notice
- Replies: 42
- Views: 5428
Re: What really counts as notice
Exactly!ScottDLS wrote:If the HR manager states a policy that is not a policy and that typically is set in the company by higher level, then I don't see how they have apparent authority to tell you. Hypothetical - I am a Director. I have the explicit permission to be on the property of my company. There is no written policy against carrying. The HR manager, or receptionist for that matter, comes to me and states that it is company policy that I can't carry. It's not, and he has no authority to make it so. Why does this constitute notice that I no longer have permission to remain on the property armed?C-dub wrote:The concept of rank in a civilian company, to me, is mostly irrelevant. I've been in a large company with all those different levels and stuff and a director in another department had no real authority over me.
As Beiruty mentioned, HR managers or directors are very powerful folks. The line from them to folks much higher up is considerably shorter even though they may not have a title higher than mine. IMHO, the OP has been given oral notice. It may not be correct, but I wouldn't be willing to take that chance. I would be willing to get it clarified by someone higher up that seems to be open to the idea.
- Wed Dec 09, 2015 7:33 am
- Forum: General Texas CHL Discussion
- Topic: What really counts as notice
- Replies: 42
- Views: 5428
Re: What really counts as notice
Since both the OP and the HR manager work for the same company, and the OP outranks the manager; the OP has not been given effective notice. The HR manager's assumed authority doesn't appear to hold any effective weight. Current policy does not prohibit concealed carry, so an HR manager wishing it not to be the case doesn't make it so. And she definitely doesn't have any authority to speak on behalf of the building ownership/management.cyphertext wrote:Considering the HR manager told him "the building actually prohibits CHL carry as well as the company does not allow it", I think he has been notified.thetexan wrote:I don't think so either...not 30.06 notification.
30.06 has to be either oral (which can be any verbage which gets the point across that you can't have that gun in here)
If it is true that the HR manager is just making statements of what she wishes was policy, then the C level folks need to correct her.
Now, if I as a non-employee were to go to the OP's place of business and the HR manager tells me that concealed carry is not allowed, then I have been given effective notice. Where the HR manager doesn't hold authority over the OP, she would hold authority over me - albeit incorrect and improper.